Illinois General Assembly - Full Text of HB1084
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Full Text of HB1084  97th General Assembly

HB1084sam002 97TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 4/18/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1084

2    AMENDMENT NO. ______. Amend House Bill 1084 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Governmental Ethics Act is amended
5by changing Section 3A-40 as follows:
 
6    (5 ILCS 420/3A-40)
7    Sec. 3A-40. Appointees with expired terms; temporary and
8acting appointees.
9    (a) A person who is nominated by the Governor on or after
10August 26, 2011 (the effective date of Public Act 97-582) this
11amendatory Act of the 97th General Assembly for any affected
12office to which appointment requires the advice and consent of
13the Senate, who is appointed pursuant to that advice and
14consent, and whose term of office expires on or after August
1526, 2011 shall not continue in office longer than 60 calendar
16days after the expiration of that term of office. After that

 

 

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160th day, each such office is considered vacant and shall be
2filled only pursuant to the law applicable to making
3appointments to that office, subject to the provisions of this
4Section.
5    A person who has been nominated by the Governor before
6August 26, 2011 (the effective date of Public Act 97-582) this
7amendatory Act of the 97th General Assembly for any affected
8office to which appointment requires the advice and consent of
9the Senate, who has been appointed pursuant to that advice and
10consent, and whose term of office has expired before that
11effective date shall not continue in office longer than 60
12calendar days after the date upon which his or her term of
13office has expired that effective date. After that 60 days,
14each such office is considered vacant and shall be filled only
15pursuant to the law applicable to making appointments to that
16office, subject to the provisions of this Section. If the term
17of office of a person who is subject to this paragraph expires
18more than 60 calendar days prior to the effective date of this
19amendatory Act of the 97th General Assembly, then that office
20is considered vacant on the effective date of this amendatory
21Act of the 97th General Assembly, and that vacancy shall be
22filled only pursuant to the law applicable to making
23appointments to that office. For the purposes of this
24subsection (a), "affected office" means (i) an office in which
25one receives any form of compensation, including salary or per
26diem, but not including expense reimbursement, or (ii)

 

 

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1membership on the board of trustees of a public university.
2    (b) A person who is appointed by the Governor on or after
3August 26, 2011 (the effective date of Public Act 97-582) this
4amendatory Act of the 97th General Assembly to serve as a
5temporary appointee, pursuant to Article V, Section 9(b) of the
6Illinois Constitution or any other applicable statute, to any
7office to which appointment requires the advice and consent of
8the Senate shall not continue in office after the next meeting
9of the Senate unless the Governor has filed a message with the
10Secretary of the Senate nominating that person to fill that
11office on or before that meeting date. After that meeting date,
12each such office is considered vacant and shall be filled only
13pursuant to the law applicable to making appointments to that
14office, subject to the provisions of this Section.
15    A person who has been appointed by the Governor before
16August 26, 2011 (the effective date of Public Act 97-582) this
17amendatory Act of the 97th General Assembly to serve as a
18temporary appointee, pursuant to Article V, Section 9(b) of the
19Illinois Constitution or any other applicable statute, to any
20office to which appointment requires the advice and consent of
21the Senate shall not continue in office after August 26, 2011
22that effective date or the next meeting of the Senate after
23August 26, 2011 that effective date, as applicable, unless the
24Governor has filed a message with the Secretary of the Senate
25nominating that person to fill that office on or before the
26next meeting of the Senate after that temporary appointment was

 

 

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1made. After that effective date or meeting date, as applicable,
2each such office is considered vacant and shall be filled only
3pursuant to the law applicable to making appointments to that
4office, subject to the provisions of this Section.
5    For the purposes of this subsection (b), a meeting of the
6Senate does not include a perfunctory session day as designated
7by the Senate under its rules.
8    (c) A person who is designated by the Governor on or after
9August 26, 2011 (the effective date of Public Act 97-582) this
10amendatory Act of the 97th General Assembly to serve as an
11acting appointee to any office to which appointment requires
12the advice and consent of the Senate shall not continue in
13office more than 60 calendar days unless the Governor files a
14message with the Secretary of the Senate nominating that person
15to fill that office within that 60 days. After that 60 days,
16each such office is considered vacant and shall be filled only
17pursuant to the law applicable to making appointments to that
18office, subject to the provisions of this Section. No person
19who has been designated by the Governor to serve as an acting
20appointee to any office to which appointment requires the
21advice and consent of the Senate shall, except at the Senate's
22request, be designated again as an acting appointee for that
23office at the same session of that Senate, subject to the
24provisions of this Section.
25    A person who has been designated by the Governor before
26August 26, 2011 (the effective date of Public Act 97-582) this

 

 

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1amendatory Act of the 97th General Assembly to serve as an
2acting appointee to any office to which appointment requires
3the advice and consent of the Senate shall not continue in
4office longer than 60 calendar days after August 26, 2011 that
5effective date unless the Governor has filed a message with the
6Secretary of the Senate nominating that person to fill that
7office on or before that 60 days. After that 60 days, each such
8office is considered vacant and shall be filled only pursuant
9to the law applicable to making appointments to that office,
10subject to the provisions of this Section. No person who has
11been designated by the Governor to serve as an acting appointee
12to any office to which appointment requires the advice and
13consent of the Senate shall, except at the Senate's request, be
14designated again as an acting appointee for that office at the
15same session of that Senate, subject to the provisions of this
16Section.
17    During the term of a General Assembly, the Governor may not
18designate a person to serve as an acting appointee to any
19office to which appointment requires the advice and consent of
20the Senate if that person's nomination to serve as the
21appointee for the same office was rejected by the Senate of the
22same General Assembly.
23    For the purposes of this subsection (c), "acting appointee"
24means a person designated by the Governor to serve as an acting
25director or acting secretary pursuant to Section 5-605 of the
26Civil Administrative Code of Illinois. "Acting appointee" also

 

 

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1means a person designated by the Governor pursuant to any other
2statute to serve as an acting holder of any office, to execute
3the duties and functions of any office, or both.
4    (d) The provisions of this Section apply notwithstanding
5any law to the contrary. However, the provisions of this
6Section do not apply to appointments made under Article 1A of
7the Election Code or to the appointment of any person to serve
8as Director of the Illinois Power Agency.
9(Source: P.A. 97-582, eff. 8-26-11.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".